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Thread: For Spoonminnow- why color works! :)

  1. #11
    Cane Pole's Avatar
    Cane Pole is offline Crappie.com 2011 Man of the Year * Crappie.com Supporter
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    Moderator of the future "sea lawyer" forum.
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    Likes Cane Pole LIKED above post

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    Thanks Slab, I have had all of this "hodge podge" of info for years and could never remember where it all came from....there are 5 or more studies, etc, all combined in the first post.
    This is all stuff that I have gathered over the years and condensed....I don't even know what source to cite or who was originally responsible.
    I have Pages after pages of research and can never remember now, where it all came from....I'm not taking credit for originally writing all of the different research...I just put it all together so we all can see it and use it to learn....cause I know how everyone hates to read and put all these facts together!
    I'll send any more "articles" I post, to you to proof-read!
    Keitech USA Pro Staff

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    Default A Loaded Question ~ Copyright Law / Infringment

    In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.

    Non-commercial use is often fair use. Violations often occur, however, when the use is motivated primarily by a desire for commercial gain.
    There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use:

    Rule 1: Are You Creating Something New or Just Copying?
    The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

    Rule 2: Are Your Competing With the Source You're Copying From?
    Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.
    For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.

    Rule 3: Giving the Author Credit Doesn't Let You Off the Hook

    Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.

    Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
    The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem. Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances. To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays.

    Rule 5: The Quality of the Material Used Is as Important as the Quantity
    Benefit to the public may be fair use. A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user.

    Accordingly, I don't believe the non-commercial use of the text including in INTIMIDATOR'S post and references that were used for the purposes of commentary, debate and education rise to the level of infringement and are likely a fair use of the material.
    Last edited by Special K; 10-08-2015 at 11:35 AM.
    "Just Like Iron Sharpens Iron... So it is that One Man Sharpens Another Man." Proverbs 27:17
    Likes INTIMIDATOR LIKED above post

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    So other than some Gravel Pits around here, does anywhere in the USA have any gin clear water left??
    Is all the water that Crappie.com members fish, stained, muddy colored, or organics colored??
    Keitech USA Pro Staff

  6. #16
    Cane Pole's Avatar
    Cane Pole is offline Crappie.com 2011 Man of the Year * Crappie.com Supporter
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    Quote Originally Posted by Special K View Post
    In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.

    Non-commercial use is often fair use. Violations often occur, however, when the use is motivated primarily by a desire for commercial gain.
    There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use:

    Rule 1: Are You Creating Something New or Just Copying?
    The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is a fair use. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

    Rule 2: Are Your Competing With the Source You're Copying From?
    Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.
    For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on putting from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.

    Rule 3: Giving the Author Credit Doesn't Let You Off the Hook

    Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule or you don't. The fact that you attribute the material to the other author doesn't change that.

    Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be
    The more material you take, the less likely it is that your use will be a fair use. As a general rule, never: quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem. Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2000 words from a work of 500,000 words might be fair. It all depends on the circumstances. To preserve the free flow of information, authors have more leeway in using material from factual works (scholarly, technical, and scientific works) than to works of fancy such as novels, poems, and plays.

    Rule 5: The Quality of the Material Used Is as Important as the Quantity
    Benefit to the public may be fair use. A commercial motive doesn't always disqualify someone from claiming a fair use. A use that benefits the public can qualify as a fair use, even if it makes money for the user.

    Accordingly, I don't believe the non-commercial use of the text including in INTIMIDATOR'S post and references that were used for the purposes of commentary, debate and education rise to the level of infringement and are likely a fair use of the material.

    I am skeptical of anything printed on the internet pertaining to legalities of any concern. But, my name is Thomas.
    Member BS Pro-Staff and Billbob Pro-Staff
    Proud Member of Team Geezer... authorized by: billbob and "G"

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    Quote Originally Posted by Cane Pole View Post
    I am skeptical of anything printed on the internet pertaining to legalities of any concern. But, my name is Thomas.
    Prolly the best overall policy for sure Brother Thomas.
    "Just Like Iron Sharpens Iron... So it is that One Man Sharpens Another Man." Proverbs 27:17

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    Quote Originally Posted by INTIMIDATOR View Post
    So other than some Gravel Pits around here, does anywhere in the USA have any gin clear water left??
    Is all the water that Crappie.com members fish, stained, muddy colored, or organics colored??
    some of the streams in the Missouri Ozarks are clear in some stretches and for part of the year.Generally its not crappie water but there are some.You always know if you have the right lure on,cause when it hits the water 10 fish charge up to it and stop an inch away and stare at it.If its good enough one of them will finally get brave and bite it LOL.

    The best color lure is the one that was on a hook in the store...but now just a little tag there say's " Sorry,sold out"

  9. #19
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    Proof is in the catching...

    Today I met an angler at the lake to fish for pan fish. He used a 2.5" flat tail grub - black body and chartreuse tail; I used a 2.5" flat tail minnow shape in clear with silver and silver hologram flakes. Both of us caught fish - about 45 between the two of us. Water color was greenish due to tiny algae specks clouding the upper layer of water. The day was sun mixed with cloud and the fish were mostly in open water 7-8' deep. Neither color excelled. Presentation was slow and deep.

    What were crappie, yellow perch, sunfish and bass feeding on? Never cut open their bellies to find out.

  10. #20
    catchNgrease's Avatar
    catchNgrease is offline Crappie.com 3K Star General * Crappie.com Supporter
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    Here is a scientific study that was done years ago about water color and sunlight conditions. It was the groundwork that formed the modern day spike-it color c lector. It will be way to boring for some. The preface is that if a fish cant see the bait they will not bite it.

    https://www.google.com/patents/US4693028
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